Patna High CourtCR. MISC./3755/2024allowed

Pawan Kumar Yadav v. The State Of Bihar

2024-01-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3755 of 2024 Arising Out of PS. Case No.-167 Year-2023 Thana- FULKAHA District- Araria ====================================================== Pawan Kumar Yadav S/O Chandradev Yadav @ Chandar Yadav VillageManikpur, Ward No. 12, Ps. Fulkaha, Dist. Araria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 150 litres of illicit liquor and two persons were apprehended who disclosed the name of the petitioner as their accomplish who fled away from the place of seizure.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.3755 of 2024(2) dt.31-01-2024 2/2 been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the apprehended accused or seized vehicle or the illicit liquor. The petitioner is languishing in custody since 12.11.2023. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-II, Araria in connection with Fulkaha P.S. Case No. 167 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T